The News You Need for Feb. 5
Kicking off the emotions series, litigation over workplace violence, and tax law meets workers' compensation.
Understanding Emotions of the Injured for a More Empathic Experience?
As WorkersCompensation.com celebrates its 25th Anniversary, we reflect on our history while paving the way for a more human-centered future. For a quarter-century, we have been a trusted resource for compliance, legal, and legislative support in the workers' compensation industry. Now, we are taking a bold step forward by expanding our focus to include emotional intelligence, ensuring that we address the technical aspects of claims and the emotional experiences of the people involved.?
This milestone marks a turning point in our mission. Injuries impact more than the body—they affect the mind, spirit, and relationships. The emotions that arise from workplace injuries are as varied and complex as the individuals who experience them. By integrating the human side of recovery into our offerings, we create tools that foster connection, understanding, and better outcomes for all stakeholders. This series, Understanding Emotions of the Injured for a More Empathic Experience, is a cornerstone of that effort.?
The Important Significance??
In a world reshaped by COVID-19 and the rapid rise of technology, emotional intelligence has never been more critical—or absent. The pandemic isolated us, and while keeping us connected in some ways, technology often replaced depth with efficiency. These shifts have left many of us feeling unseen, unheard, and undervalued. At the same time, we all yearn for emotional intelligence in our interactions—for people to truly understand us, to lead with empathy, and to respond to our needs. That is why this work is so crucial. By learning to understand what people need, we can deliver that support and lead by example, creating a ripple effect that elevates our workplaces and communities.?
The workers’ compensation system is fundamentally about people, and people are emotional beings. Injuries challenge identities, disrupt routines, and create ripples in every direction. From the worker grappling with a new reality to the employer striving to support them while managing productivity, every person in this ecosystem feels the impact. Understanding these emotions is not just a nice-to-have but an imperative necessity. We create better, more compassionate outcomes for everyone involved by being emotionally intelligent and supporting people in the manner they need.?
Why Understanding Emotions Matters?
When someone is injured at work, the process that follows often feels cold and impersonal. People are treated as numbers versus human beings because of the heavy amount of compliance and regulation encompassing this system. Injured workers are met with forms, phone calls, and processes, while their emotional experiences are left unaddressed. Adjusters are held to strict state guidelines and specific audit parameters for timeliness to keep the process consistent, structured, and flowing. But here is the thing… ignoring emotions does not make them go away—it amplifies their effects. Fear, frustration, and uncertainty can slow recovery, strain relationships, and lead to misunderstandings or conflict. Employers, claims adjusters, and caregivers also experience emotional challenges that often go unacknowledged. By bringing these emotions into the light, we can normalize them and develop strategies to navigate them effectively. This industry has been talking about driving effective, meaningful change since the turn of the century, and it is beyond time to take action to make this happen. We are here to help!??
Introducing the Ten-Part Series?
This year-long series is designed to explore the full spectrum of emotions injured workers face, offering insights and practical strategies for coping, navigating, and healing. Each segment will focus on a specific emotional landscape, weaving empathy and understanding into every topic. Here is what you can look forward to:?
Immediate Responses to Injury?
The first moments after an injury are often filled with fear, shock, and confusion. This segment will explore the emotional whirlwind that occurs as workers grapple with the uncertainty of their injury and its implications.?
Processing the Injury and Coping?
Once the immediate crisis passes, emotions like sadness, grief, and frustration often take center stage. This article will dive into the emotional challenges of dealing with limitations, slow recoveries, and setbacks.?
Navigating the System?
Interactions with the workers' compensation system can evoke stress, resentment, and even feelings of betrayal. We will examine how these emotions arise from the process and how they can be mitigated through empathy and effective communication.?
Comparative Emotions?
Injuries often lead to comparisons with coworkers, family members, or societal expectations. This segment will unpack emotions like envy, admiration, and comparative suffering, offering strategies to manage these complex feelings.?
Feelings of Self and Identity?
Injury can challenge a person's sense of self, leading to shame, embarrassment, or a longing for connection. We will explore navigating these deeply personal emotions and reclaiming one's identity.?
Support from Others?
The role of support from family, friends, and employers is critical. This article will delve into relational dynamics, highlighting the importance of empathy, trust, and healthy boundaries.?
Positive Emotional States and Resilience?
Moments of joy, gratitude, and hope can provide a powerful counterbalance to the challenges of recovery. This segment will celebrate resilience and offer ways to cultivate positivity throughout the journey.?
Negative Responses to Systemic Challenges?
Frustrations with systemic inefficiencies can trigger anger, defensiveness, or feelings of dehumanization. We will explore how these emotions arise and how to address them constructively.?
Reflective or Cognitive Emotions?
Recovery often prompts reflection. Emotions like nostalgia, cognitive dissonance, and bittersweetness reveal the deeper layers of processing long-term outcomes and life adjustments.?
Healing and Moving Forward?
As recovery progresses, emotions like hope, relief, and contentment guide the journey toward closure. This final segment will explore the path to emotional and physical healing.?
A Year-Long Journey?
This series will be showcased throughout the year, woven into other themes and observances. For example, during Women’s History Month in March, we will pause the emotions series to focus on celebrating the contributions of women in workers' compensation and beyond. By balancing the emotions series with other important topics, we aim to provide our readers with a diverse and enriching experience.?
The year-long format allows us to dive deeply into each topic while giving readers time to absorb, reflect, and apply what they have learned. Each article will stand on its own while building toward a comprehensive understanding of the emotional landscape of workers’ compensation. The goal is to help all parties involved understand the intricacies of the human experience so that, one by one, we can make each worker's compensation experience better than before. This starts by taking a comprehensive understanding of how what we do impacts those with whom we serve.?
Changing the Conversation?
Through this series, we are starting a movement toward empathy, emotional intelligence, and human-centered care in workers' compensation. By addressing the emotions that shape recovery, we can create systems that see and support people, not just claims. You can do this from whatever seat you hold in the workers’ compensation system. You can do it… we can help!??
This series is for you, whether you are an injured worker, a claims adjuster, an employer, or a family member. My hope is that these articles serve as a resource, a guide, and a source of connection. You are not alone in this journey. Together, we can move beyond the mechanics of recovery to truly see, hear, and value the human experience. Action starts with you.?
We are glad you’re here; now, let's get to work.??
Dr. Claire Muselman and the entire team at WorkersCompensation.com?
Prison Worker Sues Arizona after Violent Sexual Assault
Tucson, AZ (WorkersCompensation.com) – A civilian kitchen worker has filed suit against the State of Arizona after she was violently sexually assaulted inside a Tucson prison.
The lawsuit claims she was attacked by a high-risk prison inmate after he was left unsupervised. The suit was filed in 2024 but was moved to the U.S. District Court in January.
According to the complaint, the Arizona Department of Corrections' understaffing and other safety and security failures were to blame for the attack.
“State-run prisons are understaffed and contain too many violent offenders to be effectively controlled by staff,” the worker’s attorney claimed in the lawsuit. “Because of persistent long-term understaffing, there is a widespread and well-established practice and custom of officers and officials within ADC abdicating their authority to inmate leaders and relying on the inmates themselves to enforce prison rules.”
According to the lawsuit, the attack occurred on Sept. 28, 2023, in the Rincon Unit of the Tucson prison complex. The suspect, Demarco Hines, was in jail awaiting trial after being charged with multiple felonies including kidnapping and sexual assault. The lawsuit said that at the time of the assault, Hines was classified as a level-four inmate, just below maximum security. His prison file includes more than 20 disciplinary infractions including stalking the staff, fighting and indecent exposure.
The lawsuit claims that prison officials left Hines unsupervised for 30 minutes while he was sweeping the dining area. During that time, the prison employee claims, Hines entered the staff bathroom and attacked the victim.
“As Plaintiff began to open the bathroom, Inmate Hines forcibly pushed the door open, knocked her radio out of her shirt pocket, and punched her several times in the abdomen,” according to the account given in the woman’s lawsuit. “Plaintiff fell to the ground. Inmate Hines began to choke Plaintiff and threatened to kill her if she yelled again. Plaintiff screamed and begged Inmate Hines to stop. Inmate Hines choked [the victim] and restricted her airway until she lost consciousness. Inmate Hines violently sexually assaulted Plaintiff.”
In a statement, the Governor’s Office called the allegations “troubling.”
“As someone who’s spent years as a social worker, Gov. Katie Hobbs cares deeply about the safety and dignity of every Arizonan,” one of Hobbs' spokespeople said in a statement. “While we are unable to comment on pending litigation, we find the allegations outlined in this lawsuit troubling. This administration is committed to ensuring that all individuals feel safe coming forward to report any incident. The Governor’s Office will continue to prioritize measures that promote safety and fairness while carefully following the developments of this case.”
The lawsuit also alleges that the incident was premeditated and that Hines admitted to a fellow inmate that he had planned the attack.
The inmate reported that Hines got high on spice and told him, “Today’s the day, I’m going to get that, that bitch is mine, I’m getting that.”
According to the lawsuit, the prison has seen this before and should have known that Hines' actions were possible. The lawsuit cites a similar case involving an inmate attacking a teacher.
“[Defendants] know that civilian workers within state prisons receive little or no defensive training and do not have the authority or ability to control inmates or protect themselves from inmate-on-staff violence. As an example, in January 2014, an inmate and convicted sex offender stabbed and sexually assaulted a female teacher at ASPC-Eyman after the inmate was left with the teacher unsupervised. The State of Arizona ultimately settled with the victim for $3 million,” the lawsuit said.
Last year, legislation was introduced by U.S. Reps. Hank Johnson (R-GA) and Laurel Lee (R-FL) to prevent sexual assault against prison staff. Sister legislation was introduced by U.S. Sens. Marsha Blackburn (R-TN) and Jon Ossoff (D-GA).
The legislation, the Prison Staff Safety Enhancement Act, would give the U.S. Department of Justice’s Inspector General a year to conduct a statistical review of sexual assault and harassment cases reported on prison guards by inmates of federal prisons, perform an analysis of punishments inmates received and a create a report for House and Senate Judiciary Committees.
The legislation comes after 40 percent of Bureau of Prisons staff reported being sexually assaulted or harassed in 2023.
"It is unacceptable that nearly half of Bureau of Prisons staff experience sexual harassment or assault by inmates. The Bureau of Prisons must do more to ensure the safety of corrections officers and to hold perpetrators accountable," Lee said. "The Prison Staff Safety Enhancement Act will provide oversight to the federal prison system and fight these abuses."?
Tax Court Says Judge’s Benefits from Mental Disability OK to Exclude from Gross Income
25 for 25 in '25
We've been going back through the years since 2000 to reminisce about what the last quarter century has brought in the way of notable cases. This one harkens back to 2002 and why tax attorneys might need to know a thing or two about workers' compensation benefits. Simply Research subscribers have access to the full text of the ruling.
Case
Byrne v. Commissioner of Internal Revenue, T.C. Memo 2002-319 (U.S. Tax Ct. 12/30/02)
What Happened
A municipal court judge suffered a permanent disability that arose out of and in the course of his employment. Specifically, the judge suffered a mental injury that was caused by an exceptionally heavy workload and his inability to cope with the ramifications of his judicial decisions. As result of job-related stress, the judge sank into major depression, which prevented him from performing his job.
The judge was awarded disability retirement benefits under California's Judges' Retirement Law, which provided for a disability retirement if a judge had been credited with at least two years of judicial service or the disability was a result of injury or disease arising out of and in the course of judicial service.
For tax purposes, the judge sought to exclude from gross income the disability retirement payment he received, while the IRS argued that the Judge's Retirement Law was not in the nature of a workers' compensation act and the payment was not excludable.
Rule of Law
Under federal tax law, gross income does not include amounts received under workers' compensation acts as compensation for personal injuries or sickness. Also not included are benefits received under statutes "in the nature of" a workers' compensation act that provides compensation to employees for personal injuries or sickness incurred in the course of employment.
A statute is "in the nature of" a workers' compensation act if it allows disability payments solely for service-related personal injury or sickness.
What the Tax Court Said
According to the tax court, the Judges' Retirement Law was not a workers' compensation act nor was it -- in its entirety -- a statute in the nature of a workers' compensation act. However, benefits received under the law qualified for exclusion because it was a "dual-purpose" statute in that it authorized payments for work-related as well as non-work-related disabilities.
The court explained that the law contained a specific provision that awarded benefits solely for a work-related disability and the judge, in this case, received those benefits based on a finding that he was unable to discharge the duties of his office by reason of his mental disability and that disability was or was likely to become permanent.
Takeaway
Benefits received under a "dual-purpose statute," which is one that authorizes payments for work-related and non-work-related disabilities, may qualify for exclusion from gross income if they are received under a specific provision that restricts the payment of benefits to cases of work-related disabilities. Such benefits may be excluded from gross income for federal income tax purposes.